Mass-Peculiarities - 2025 Edition

© 2025 Seyfarth Shaw LLP Massachusetts Wage & Hour Peculiarities, 2025 ed. | 193 XVIII. POSTING REQUIREMENTS Massachusetts employers must display posters informing employees of their rights under state and federal wage and hour laws. These include the posting requirements for general wage and hour law obligations, days of rest, for employment of minors, and for disabled workers who are paid special minimum wages.1219 In addition, to wage and hour postings, Massachusetts employers must post notices regarding harassment and discrimination, unemployment, workers’ compensation, job safety, and laws related to parental leave, earned sick time, paid family and medical leave, and other specialized notices.1220 Federal law requires additional postings.1221 A. General Wage and Hour Notices Employers must display a poster setting out the Massachusetts wage and hour law requirements in a conspicuous location, and they must provide free copies of the poster to employees upon request.1222 Many employers maintain a bulletin board for posting notices to employees, often in a break area, in the lunch room, or in a location adjacent to the area where employees punch in and out. If employers have employees who do not work at a company facility or office, required posters should be made available electronically (e.g., on a company intranet) or provided to an employee by some other means (email, mail, in-person, etc.). The Massachusetts wage and hour laws poster states the Massachusetts minimum wage,1223 and summarizes the Commonwealth’s laws regarding the payment of wages, minimum wage, tips, paystub information, pay deductions, reporting pay, hours worked, meal breaks, earned sick leave, non-discrimination and equal pay, domestic violence leave, child labor, overtime, retaliation, Small Necessities Leave, inspection of payroll records, rights of temporary, domestic, and public construction workers, and the employee’s right to sue for violations of the Massachusetts wage and 1219 Federal law requires additional postings for migrant and seasonal agricultural workers. 29 C.F.R. §§ 500.75(c) and (e); DOL Compliance Poster, Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (Apr. 1983), available in multiple languages at https://www.dol.gov/general/topics/posters (last visited Mar. 6, 2025). Posters are also required for certain employees working on federal or federally assisted construction projects and federal government contracts. See 41 U.S.C. § 351 et seq.; 29 C.F.R. § 5.5(a)(1); DOL WHD Compliance Posters, Worker Rights Under the Davis-Bacon Act for Laborers and Mechanics Employed on Federal or Federally Assisted Construction Projects (Oct. 2017) and Employee Rights on Government Contracts (Apr. 2009), available respectively at http://www.dol.gov/whd/regs/compliance/posters/fedprojc.pdf and https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/govc.pdf (last visited Mar. 6, 2025). 1220 For a complete list of all Massachusetts required postings, see https://www.mass.gov/service-details/massachusetts-workplaceposter-requirements (last visited Mar. 6, 2025). Massachusetts law mandates additional posters for certain types of employees (e.g., Temporary Worker Right to Know, Domestic Worker Rights. There are also notices that apply only to public agencies (e.g., Safety and Health Poster, Chimical Right to Know Information). 1221 For a list of federal required posters see https://www.dol.gov/general/topics/posters (last visited Mar. 6, 2025). 1222 M.G.L. ch. 151, § 16; 454 C.M.R. § 27.07(1) (This rule does not apply to domestic service employees who work in their employers’ homes, but employers of domestic workers must give such workers a Notice of Rights), available at https://www.mass.gov/doc/notice-of-rights-for-domestic-workers/download (last visited Mar. 6, 2025). See M.G.L. ch. 149, § 190 (law relating to pay and other terms or conditions of employment for domestic workers). 1223 M.G.L. ch. 151, § 1, as amended by St. 2018, ch. 121. Effective January 1, 2023, the Massachusetts minimum wage is $15.00 per hour and the “service rate” for tipped employees is $6.75 per hour.

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